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Should I withdraw H4 extension application if H1B is approved post I-94 expiry?

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  • Should I withdraw H4 extension application if H1B is approved post I-94 expiry?

    Hello Everyone,

    My Spouse's employer applied for H4 extension along with his H1b extension prior to I-94 expiry in Sept 2018. As I was working on EAD my then employer had applied for my H1B in April 2018 . I received approval for H4 to H1B COS in January 2019 effective from 2nd Jan 2019 to 2021 (updated I-94).

    Depending upon last action rule, should I be withdrawing my pending H4 extension application. If yes how will it impact my status from Oct 2018 to Dec 2018 as my I-94 expired in the month of Sept 2018 and H1B is active from Jan 2019..
    Note : I am still in USA and haven't traveled outside USA since January 2018

    In case I need to withdraw can anyone share their experience or sample letter .

    Thanks !

  • #2
    Hi,

    Do you have any update on this case?

    I have similar scenario where we have two pending i539 petitions for my wife one is filed before her i94 expiry and my new employer filed one new i539. So what if happen if my previous employer withdraw my spouse pending petition ?

    Will my employer can withdraw H4 petitions without our permission.

    Thanks

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